This act shall be known as the city court act of the city of Newburgh. (L. 1948, c. 569)
There is hereby established and there hereafter shall be in the city of Newburgh a local court of inferior civil and criminal jurisdiction. It shall be known as the "City Court of the City of Newburgh." The jurisdiction of the court and the practice and procedure therein shall be as prescribed by this act. (L. 1948, c. 569)
The following words used in this act shall have the meaning defined in this section, unless otherwise apparent in the text:
"Court" means the city court or a judge thereof.
"County" means the county in which the court is located.
"Judge" includes a judge or acting judge of the court.
"Chief judge" includes the city judge if there be only one.
"Clerk" includes the chief clerk, the deputy clerk or assistant clerk of the court.
"Rules" mean the rules duly adopted pursuant to section forty-one of this act.
"City council" refers to the body exercising the chief legislative function of the city government. (L. 1948, c. 569)
The court shall consist of one judge who shall be the city judge of said city and who shall be a magistrate and shall be possessed of all the powers of a magistrate, now or hereafter conferred by law. (L. 1948, c. 569)
Except as otherwise provided by section sixty of this act, the judge of the court shall be elected at a general election held in the city next preceding the expiration of the respective terms of office. The judge shall be elected in the same manner as other city officials are elected and the person so elected shall take office on the first day of January following such election. The term of office shall be six years. The election of the first judge of the court shall occur at the general election of the city next preceding the expiration of the present term of office of the city recorder and such person so elected shall take office on the first day of January following such election.
No person shall be eligible for the office of judge of the court unless he be an attorney and counsellor of law of at least three years' standing and a resident elector of the city for which he shall be elected. The local legislative body of the city may provide that a judge shall not hold any other public office, elective or appointive, conduct any business or practice law or act as referee, arbitrator or receiver, but shall devote his whole time and capacity, so far as public interest demands, to the duties of his office.
The appellate division of the supreme court for the second department may remove a judge as provided by section one hundred thirty-two of the code of criminal procedure. The appellate division may in its discretion prohibit a judge so removed from holding public office, elective or appointive, thereafter.
Editor's Note: See now Judiciary Law § 429.
A vacancy in the office of judge occurring otherwise than by expiration of term shall be filled at the next general election held not less than thirty days after said vacancy occurs; and until the vacancy shall be so filled, the city council shall fill such vacancy by appointment which shall continue until and including the last day of December next after the election at which the vacancy shall be filled.
The city council may appoint a person who has the qualifications prescribed for a city judge to serve in such capacity during the temporary disability, disqualification or absence of a city judge. In the event of the simultaneous temporary disability, disqualification or absence of both the city judge and the acting city judge, the city manager may appoint as acting city judge, a person who has the qualifications to serve in such capacity during such temporary disability, disqualification or absence only. In the event of a vacancy in the office of city judge, the city manager may appoint a person who has the necessary qualifications, temporarily until the vacancy shall be filled by appointment of the council. (L. 1948, c. 569; amended L. 1958, c. 15)
The salary of the judge, from the date this act shall take effect and during the unexpired elective terms of the present city judge, shall be at the rate of seven thousand five hundred dollars per annum and thereafter shall be fixed by the local legislative body and shall not be increased or diminished during the elective term of said judge and shall be paid in the same manner as the salaries of other city officers are paid. (L. 1948, c. 569; amended L. 1958, c. 15)
The judge shall possess all the powers and exercise all the jurisdiction in all matters, suits and proceedings which are herein conferred upon the court, including the power to take information for the issuance of warrants of arrest, and warrants of attachment, issue and sign subpoenas and precepts, make and sign transcripts of judgment, executions, commitments and certificates of conviction, to affix the seal of the court thereto, and to perform any and all other acts necessary to the proper administration of the office. The city judge shall have the custody of the seal, dockets, records and all other papers, process, pleadings and proceedings of the court. (L. 1948, c. 569)
The court shall have the power to punish for contempt conferred upon courts of record by the judiciary law. (L. 1948, c. 569)
The judge shall appoint a clerk, a marshal and all other employees provided for by this act. The judge shall supervise the employees and may remove any such employee at his pleasure. The clerk and marshal shall be officers of the court. (L. 1948, c. 569)
Clerk. The city judge shall appoint and at pleasure remove a clerk for the said court, who shall be a competent stenographer and shall act as such in said court and shall receive a salary to be fixed by the local legislative body. The city judge shall also have power to appoint an acting clerk from time to time, to serve in the absence or disability of the clerk. The clerk and each temporary clerk during the period of his employment as such shall be an officer of the court and shall, before entering upon the discharge of his duties, subscribe and take the oath of office, prescribed by the constitution of the state and file the same with the city clerk of the city of Newburgh, New York. It shall be his duty to attend upon said court during the time when said court is required to be kept open for business and to keep the dockets and books of account thereof; to make up the returns to the county court therefrom, under the direction of the said judge and to do such other acts and perform such duties as regularly pertain to said office or is required by law or as directed by said city judge. He shall have the same power to take affidavits and acknowledgments as a notary public of the state of New York. He shall also have power to issue subpoenas, summons in civil actions and precepts in summary proceedings; to join issue and adjourn cases not to exceed eight days, unless all parties to the action or proceedings stipulate in writing to a longer adjournment. It shall be the duty of such clerk to take the stenographic minutes of the testimony and other proceedings in all cases heard or tried before the court, except, when the judge sitting at the trial or hearing shall dispense with such services, and he shall preserve and file the original minutes taken by him in every case for a period of at least six years. He shall furnish a transcript upon request and payment of the prescribed fees. Nothing herein contained shall prevent the appointment of a woman to act as clerk of the city court.
Marshal. The city marshal shall perform in the city court the same duties as are performed by sheriffs in courts of record and shall have the same power to serve and execute all process and mandates of the court as a sheriff. The city judge shall have power to appoint an acting marshal from time to time in the absence or disability of the marshal. The police officers of the city shall execute all criminal process issued out of the court when required to do so by the court. Neither a marshal nor a police officer shall receive any fee or compensation for the service of any criminal process issued out of the court.
Generally. In addition to the duties herein prescribed, the officers and employees of the court shall perform such other duties as they are directed to perform by the judge. (L. 1948, c. 569)
The local legislative body shall fix a reasonable compensation for all the employees of the court. If the marshal is compensated by salary, he shall account for and pay over the fees which he receives in like manner as the clerk.
Before entering upon the discharge of his official duties, each employee shall take the oath of office prescribed by law and file it in the office of the city clerk.
The clerk and marshal of the court shall execute and file in the office of the city clerk a bond, in an amount fixed by the local legislative body, to be approved by the judge and conditioned for the faithful performance of their duties. (L. 1948, c. 569)
The court shall have an official seal to be furnished by the city upon which shall be engraved the words "City Court of the City of Newburgh. Seal." (L. 1948, c. 569)
The local legislative body shall provide suitable rooms, light, heat, furniture, necessary books and supplies for the use of the court and shall provide for the payment of the salaries and compensation of the judges and employees of the court and for whatever may be necessary for the transaction of its business. (L. 1948, c. 569)
The court shall be open for the transaction of business each day in the year, except Sundays and legal holidays, and upon those days for such purposes as are provided by law. (L. 1948, c. 569)